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K. Raheja Corporation Pvt. Ltd. Vs. Franky Monteiro [31/07/18]

K. Raheja Corporation Pvt. Ltd. ANR. Vs. Franky Monteiro Ors.

[Civil Appeal No. 9336 of 2013]

[Civil Appeal No. 9343 of 2013]

[Civil Appeal No. 9698 of 2013]

[Civil Appeal No. 9714 of 2013]

[Civil Appeal No. 9717 of 2013]

[Civil Appeal No. 9718 of 2013]

[Civil Appeal No. 9715 of 2013]

[Civil Appeal No. 9716 of 2013]

KURIAN, J.

1. Leave granted.

2. All these appeals pertain to allotment of land in the Special Economic Zone (SEZ). Mr. A.N.S. Nadkarni, learned Additional Solicitor General, has made available a copy of the Government Order dated 30.07.2018. The instruction shows that the Government has taken a decision to take back the lands involved in all these cases and refund the amounts paid by the parties along with interest. The appellants submit that this is acceptable to them.

3. The Government Order is taken on record, which reads as follows :- “I am directed to refer to your Note dated 27/04/2018 on the above mentioned subject and to inform you that in the XXXIIIrd Cabinet Meeting held on 27/07/2018, the Council of Ministers resolved to approve the proposal of Goa Industrial Development Corporation (Goa-IDC) to take back all the lands admeasuring 3840886 m2 allotted to 07 parties for setting up Special Economic Zone (SEZ) and refund the amount paid by SEZ parties along with interest, earned on such amounts paid by the parties amounting to Rs. 256,56,90,593/-.

The Council of Ministers further directed that Goa-IDC may work out modalities to raise finances in order to meet the financial liabilities arising out of this settlement. You are, therefore, requested to initiate appropriate action in the matter. The action taken in this regard may kindly be intimated to this Department for appraisal of the Government.”

4. Therefore, these appeals are disposed of in terms of the Government Order. We direct the Industrial Development Corporation (IDC) to make the refund expeditiously and at any rate, within a period of three months from today.

…………………..J. [KURIAN JOSEPH]

…………………..J. [SANJAY KISHAN KAUL]

New Delhi;

July 31, 2018.

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